RECENT TRENDS IN BEST PRACTICES IN

WHISTLEBLOWER PROTECTION LEGISLATION

QUERY SUMMARY
What are the new trends of best practices in Attention towards whistleblower protection has
whistleblower protection legislation? Have there grown considerably in recent years. More countries
been recent assessments or in-depth reviews of worldwide are considering adopting, or have
whistleblower legislation? Is there legislation adopted, laws aimed at protecting whistleblowers.
regarding whistleblower protection in place in the
Western Balkan countries? A consensus is being developed in the international
community regarding what constitutes basic best
CONTENT practices and principles in whistleblower legislation.
1. Recent trends of best practices in whistleblower Emerging principles include a broad definition of
protection legislation whistleblower that protects public and private
2. Examples of good practice in whistleblower sectors as well as volunteers, contractors and
protection legislation trainees; and protection from all forms of retaliation
3. Overview of whistleblower legislation in the and discrimination against whistleblowers. Clearly
Western Balkans communicated internal and external disclosure
4. References and recommended reading channels, including anonymous reporting, should
also be made available to all employees.
REMARK Whistleblowers should be granted the right to
This answer is an update to the U4/TI Expert confidentiality, to receive advice on their rights, to
Answer on “Good Practice in Whistleblowing receive appropriate compensation from damages
Protection Legislation” from 2009 (available here: resulting from retaliation, including interim remedy,
http://www.u4.no/publications/good-practice-in- as well as to a fair review of retaliation cases
whistleblowing-protection-legislation-wpl/) against them.

\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ South Korea, Slovenia and Ireland recently adopted

or are discussing new laws on whistleblower
Author(s)
Agatino Camarda protection that are generally perceived as good
practice. In the Western Balkan region, only Albania
Reviewer(s) currently has some provisions for protecting public
Marie Chêne, Mark Worth, Transparency International,
[email protected] sector corruption whistleblowers. Kosovo,
Macedonia, Serbia and Montenegro have opted for
Date mentioning whistleblower protection in sector-
11 November 2013
specific laws.

© 2013 Transparency International. All rights reserved.

This document should not be considered as representative of the European Commission or Transparency International’s
official position. Neither the European Commission, Transparency International nor any person acting on
behalf of the Commission is responsible for the use which might be made of the following information.

This anti-corruption Helpdesk is operated by Transparency International and

funded by the European Union.
 RECENT TRENDS IN BEST PRACTICES
IN WHISTLEBLOWER PROTECTION LEGISLATION

1 RECENT TRENDS IN BEST principles to include in a strong whistleblower

PRACTICES IN WHISTLEBLOWER protection legislation. The main features of these
LEGISLATION principles are discussed in the next section.

Encouraging public and private sector employees to

Definition and scope of whistleblower
blow the whistle on wrongdoing carried out in their
protection
company or organisation has proven to be a
successful way to avoid the loss of large amounts of Sectoral versus standalone whistleblower
corporate and public funds. For example, from 2002 legislation
to 2012, the South Korean Anti-Corruption and Civil
Rights Commission recovered about US$50m from There are different approaches in regulating
whistleblowers reporting corruption (Transparency whistleblower protection. Many countries only have
International, 2013). laws protecting some categories of employees or
relating to a specific sector, such as laws on
Whistleblowers are well placed to detect fraud and corruption, public servants, labour, criminal codes,
corruption cases inside their companies and etc. Other countries have opted for adopting
standalone laws dedicated specifically to the
organisations. Their role is crucial in increasing
protection of whistleblowers, for example the USA,
accountability, strengthening the fight against
Australia, Japan, South Africa, the UK, Romania,
corruption and spreading a culture of transparency.
Hungary, and more recently South Korea. The
This has been particularly evident in recent option of having standalone whistleblower
corporate scandals linked to the financial crisis. legislation is preferable to a sectoral approach,
Furthermore, research has revealed that since this usually ensures the most complete
occurrences of fraud and corruption were coverage and provides whistleblowers with a more
discovered mostly thanks to whistleblowers, rather accessible overview on their protection rights and
than to other sources such as investigative reporting channel options (Stephenson-Levi, 2012).
journalism and auditing (Transparency International,
2009). Scope of whistleblowing

Since whistleblowers are often employees, they There is no common definition of what exactly
constitutes whistleblowing. The International Labour
often risk repercussions in their professional and
Organisation (ILO) defines it as “the reporting by
personal lives, such as dismissal, harassment,
employees or former employees of illegal, irregular,
discrimination, physical and verbal attacks, and
dangerous or unethical practices by employers”.
other forms of retaliation. Therefore, comprehensive What is generally entailed in the definition of
and strong legal protection norms are essential to whistleblowing is the existence of a public interest at
prevent retaliation and encourage further risk, including dangers to public safety, health and
whistleblowing. the environment.

Intergovernmental organisations and NGOs Reportable misdeeds should include any violation of
worldwide have dedicated growing attention to the the law, but also other actions which are not
protection of whistleblowers, setting new trends in necessarily illegal, such as gross mismanagement
whistleblower protection legislation principles. For or waste of funds, abuse of authority and other
example, the OECD and the Council of Europe corrupt acts, as well as, in some cases, human
rights violations (Transparency International, 2013).
have recently published whistleblower principles
and developed recommendations. Transparency
The chronological dimension is also important, as
International updated in 2013 its International
the act of blowing the whistle is more valuable as a
Principles for Whistleblower Legislation (for a list of warning before the wrongdoing has taken place, to
sources of best practices and principles, see prevent damage and harm to those who are not in a
“Recommended reading” below), which outlines key position to protect themselves (Stephenson-Levi,

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 RECENT TRENDS IN BEST PRACTICES
IN WHISTLEBLOWER PROTECTION LEGISLATION

2012). persons performing functions “in or for any

[government] Agency”.
Most legislation and international standards require
that the reporting be carried out “in good faith” and Another important aspect of the definition of
“on reasonable grounds” (see for example the whistleblower is the distinction between private and
United Nations Convention against Corruption public sector employees. Some laws explicitly
(UNCAC) Article 33, and Council of Europe Civil provide for protection of both private and public
Law Convention on Corruption). Reporting on sector employees (Norway, UK, Luxembourg and
reasonable grounds implies that the individual Slovenia); however, a single law covering both
makes the disclosure based on his or her belief that sectors would ensure consistency and avoid
the information is true at the time it is disclosed. confusion in the event of overlap between the two
sectors (see paragraph “The protection of
The reference to “good faith” has been criticised for whistleblowers in the private sector”).
being too broad and unnecessary, since the reason
for disclosing should be irrelevant to the act of “Intending” and potential whistleblowers are also
whistleblowing (Transparency International, 2013). protected under Norwegian law. According to some
In this regard, Norwegian law provides that bad faith analysts, more efforts should be made to also
does not rule out reporting; furthermore, under protect individuals wrongly perceived as
Romanian law, it is presumed that the individual is whistleblowers, and those who assist or support
acting in good faith unless the contrary is shown. whistleblowers (Devine-Walden, 2012).

However, a number of laws provide that if an Main features of whistleblower

individual makes deliberately false disclosures, he protection
or she will not be allowed protection (as is the case
in South Korea), with some laws reaching the point In order to make protection effective, whistleblower
of criminalising such acts (see India Public Interest laws should offer comprehensive protection against
Disclosure draft bill of 2010). In such instances, the all forms of retaliation and discrimination in the
burden of proof of the false reporting should be on workplace. Clear forms of retribution, such as
the subject of the disclosure, and those who were dismissal, probation and other job sanctions should
wrongly accused should be appropriately be included in the list; it should also include any
compensated (Transparency International, 2013). form of passive or attempted retaliation, such as
refusal to promote or provide training (see, for
Definition of whistleblower example, draft Irish law, South Korea ACA law
Article 33 and South Africa Protection Disclosure
The definition of whistleblower varies greatly in act (PDA), section vi). In this context, Article 33 of
scope across legislation. International guidelines the UNCAC offers the broadest protection to
and other instruments typically provide for the corruption whistleblowers, granting them protection
broadest definition in this regard, such as the against “any unjustified treatment”.
UNCAC Article 33 which states that protection
should be provided to “any person”. Below are some of the main features that are
recognised as best practices in whistleblower
Although traditionally the term “whistleblower” refers protection mechanisms.
to employees, some national laws as well as
international principles of whistleblowing provide for Burden of proof
a broader definition. Increasingly, it is recognised
that protection should be awarded not only to full- International standards of whistleblower protection
time workers but also to consultants, contractors, legislation request that the employer has to prove
volunteers, part-time workers and job applicants. that action taken against the employee is not linked
For example, the UK law also covers contractors, to his or her whistleblowing. This is particularly
including those working overseas, while the important because, as mentioned above, many
Australian Public Service Act provides protection for forms of retaliation can be subtle and difficult to

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 RECENT TRENDS IN BEST PRACTICES
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establish (Transparency International, 2009). This information on national security and foreign affairs,
principle is, for example, granted to Federal whistleblower legislation should consider referring
employees by the USA Whistleblower Protection these disclosure cases to a relevant internal and
Act of 1989, which establishes that the burden of independent authority. This is the case in US law,
proof shifts to the employer if the whistleblower which imposes that such cases are not provided
fulfils a number of requirements. This provision has
protection unless referred to the Inspector General
proven to be successful, as whistleblowers, when
or the Office of Special Counsel (Title 5 of the
defending their case, have increased their rate of
United States Code).
success from between one to five per cent annually
to between 25 and 33 per cent since the adoption of
the Act (Devine-Walden, 2012). A principle recognised as best practice and linked to
confidentiality restrictions forbids rules or private
agreements between the whistleblower and his or
Confidentiality and anonymity
her employers when these obstruct protection, such
A number of whistleblower laws provide for as loyalty oaths and confidentiality agreements. The
protection of the identity of whistleblowers, UK has recently set the example in banning such
requesting that this should not be revealed without “gagging orders” in the context of national health
1
the individual’s consent. The South Korean Anti- care .
Corruption Act requires, for example, that
whistleblowers provide their names, but forbids the Right to refuse violating the law
release of their names without the individual’s
Employees who refuse to take orders from
consent. India’s draft of the Public Interest
superiors on the grounds that they are illegal often
Disclosure Bill of 2010 is particularly protective as it
would impose sanctions, including imprisonment, to risk retaliation, and have to take responsibility for
proving in court or other authority that the order was
anyone who reveals the identity of whistleblowers.
illegal. Therefore, international principles on
Many national laws do not protect anonymous whistleblower protection recommend that the same
protection rights apply for these employees as for
disclosing, with the rationale that it is impossible to
whistleblowers (Devine-Walden, 2012).
protect whistleblowers if their identity is unknown.
Also, their identity may be discovered from the
circumstances, as it will be easy to find their identity Disclosure mechanisms and procedures
from the department subject to the disclosure.
However, since anonymity can be a strong incentive One of the main challenges to having effective
to blow the whistle, instances of anonymous whistleblowing channels in place is the lack of
disclosing should be protected and channels communication on protection rights and reporting
allowing this should be provided (see the Model channels, as whistleblowers will be more
Law developed by the Organisation of American incentivised to take action if they know how they
States, Articles 10, 11, 49: 2013). can be protected and what means they have to
disclose wrongdoing (Stephenson-Levi, 2012).
Liability and confidential data
Internal and external reporting channels
Workers are often subject to confidentiality
Domestic laws dedicated to whistleblowing usually
obligations with their employers, the breach of
mention the option of disclosing wrongdoing to
which can bring sanctions, including in some cases
channels inside the individual’s organisation or
imprisonment. Based on the principle that
company, and outside it to an external body or to
disclosure of wrongdoing overrides confidentiality
the public. It is generally agreed that internal
issues, whistleblowing laws should waive liability
reporting should be encouraged as the first option,
and grant whistleblowers immunity from sanctions
as this allows for faster and more appropriate
(Stephenson-Levi, 2012).
measures against the wrongdoing, and external
However, given states’ reluctance to reveal 1
see http://www.guardian.co.uk/society/2013/mar/14/ban-onnhs-
gagging-orders

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 RECENT TRENDS IN BEST PRACTICES
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disclosing should be allowed if internal attempts fail public if they fulfil a number of requirements,
or there is no infrastructure enabling this to take including: “he reasonably believed he would be
place (Stephenson-Levi, 2012). Additionally, a victimised if he had raised the matter internally or
recent survey by the UK Public Concern at Work with a prescribed regulator; he had previously made
group reported that internal channels are the an internal disclosure of substantially the same
preferred option of whistleblowers (Public Concern information; he believed that the evidence was likely
at Work, 2013). The UK 1998 Public Interest to be concealed or destroyed; or (...) the concern
Disclosures Act (PIDA) sets the best practice in was of an exceptionally serious nature”.
establishing a three-level approach, with each level
requiring a higher threshold of conditions. Advisory mechanisms

Reporting to an external body usually takes the form Individual and confidential advice to whistleblowers
of disclosure to authorised law enforcement, at an early stage is an important step in
investigative or regulatory agencies such as anti- encouraging the reporting of wrongdoing, as it
corruption commissions, ombudsmen and dedicated allows employees to understand what options and
agencies; or to an intermediary body that refers the rights are available to them. Some countries
whistleblower to the relevant agency, as in the case empower anti-corruption commissions to give this
of the 2008 South Korea anti-corruption law. The kind of advice (for example, Indonesia); whereas
whistleblower law in Romania is particularly others opt to establish telephone hotlines or online
progressive in this context, as it includes an platforms to receive whistleblower reports (for
extensive list of the authorities employees can example, South Korea). In the Netherlands, the
choose for their disclosing, including the police, Parliament is currently discussing a new law that
judicial authorities, unions, NGOs, media and would create a public “House of Whistleblowers” to
others. provide legal advice to whistleblowers.

Given legal restrictions on classified information, Rewards

whistleblowing to the public remains a controversial
area. Some researchers on this issue note that In the USA, the False Claims Act allows
governments have the right to confidentiality in whistleblowers to take claim on behalf of the
some matters, and that the public interest, which is government where it is being defrauded, and
implied in whistleblowing, does not necessarily receive a percentage of the money recovered. This
mean interest of the public (Stephenson-Levi, incentive has enabled the recovery of US$35 billion
2012). Also, the media are not considered to be the of public funds since 1986 (Transparency
most appropriate recipient of reports, since they do International, 2013). Monetary as well as social
not have the executive powers to address the incentives are therefore being introduced by an
issues raised (Transparency International, 2013). increasing number of countries to encourage more
Nevertheless, several whistleblower laws provide whistleblowers to act. In South Korea, the law not
for the right to report to the media and civil society only provides monetary refunds but in some cases
organisations. For example, the Canada Public also offers awards if the whistleblowing has served
Servants Disclosure Protection Act (PSDPA) allows the public interest.
for disclosures to be made to the public where there
is not sufficient time to make disclosures under The protection of whistleblowers in the
other sections of the law, and where the public private sector
servant believes on reasonable grounds that the
subject matter of disclosure represents a serious International organisations and NGOs have
offence, or constitutes an imminent risk to the life, dedicated growing attention to the issue of
health, or safety of a person or to the environment whistleblowing in private companies, as many
(Section 16 of the PSDPA). national laws still do not provide (or provide only
partial) protection for disclosing wrongdoing in this
Under the 1998 UK PIDA act, whistleblowers are sector. Traditionally, whistleblowing has been dealt
entitled to protection when reporting to the wider with as a public sector issue, given its more

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 RECENT TRENDS IN BEST PRACTICES
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immediate link to risks to the public interest.

When providing for whistleblower protection in the
Nevertheless, private companies increasingly private sector, the same requirements of speedy
recognise that setting up internal whistleblowing and efficient reporting channels as well as the
mechanisms may bring advantages. As in the public protection mechanisms that many laws apply to the
sector, a functioning whistleblowing practice can public sector, need to be applied (Stephenson-Levi,
deter wrongdoing and prevent loss of money, and 2012).
functioning internal procedures in a private
company can avoid damaging reports being made
Enforcement mechanisms
to the media. To enhance corporate social
Whistleblowers can only be protected if there are
responsibility, companies can create formal or
legal provisions and institutions in place that allow
informal internal reporting channels, enhance them to ensure enforcement of their protection. In
control measures and establish whistleblower this regard, international whistleblower principles
policies to encourage their workers to blow the state that whistleblowers should have the right to
whistle (for more information, see OECD, G20 defend their case in court or in other appropriate
Action Plan 7: Protection of Whistleblowers – entities when it comes to proving the link between
Whistleblower Protection frameworks, Compendium the retaliation suffered and their act of
of best practices and guiding principles for whistleblowing.
legislation, 2011, page 28). The Council of Europe
recommended in this regard that internal Some research shows that employers as well as
disclosures are investigated properly and that regulators have the opportunity to put
whistleblowing policies into practice effectively,
information reach senior management in good time
irrespective of legislation, if there is a common will;
when necessary (Council of Europe Parliamentary
and that in some cases the existence of legislation
Assembly, Resolution 1729 (2010): Protection of
does not necessarily mean that persons have real
“whistle-blowers”, 2010, accessible here). rights (see P. Roberts, J. Olsen and A.J. Brown,
Whistling While they Work, 2011).
Strong legislation can create the basis for effective
protection of whistleblowers in the private sector by Right to a fair day in court
requesting and encouraging companies to create
effective internal whistleblower protection The right to a judicial review of whistleblowing cases
mechanisms. is an established best practice and is implemented
in many countries. At best, the hearing should be
In international frameworks, the previously fair, timely, include clear rules of procedure and the
mentioned Article 33 of the UNCAC provides for option of presenting witnesses and, especially in the
broad definition of whistleblowers, thereby including public sector, be free from institutional conflict of
in its definition private sector workers. Other interest.
international and regional tools provide for similar
protection (for example the Council of Europe A right to appeal should also be provided for
Criminal Law on Corruption and the Inter-American (Devine-Walden, 2012). These rules should apply
Convention against Corruption). both to internal protection through informal or
authorised review mechanisms and in courts. South
At the national level, several countries explicitly Africa’s PDA law is particularly protective in this
protect private sector employees and public regard, as it grants employees subjected to
servants through dedicated whistleblowing detriment the right to approach any kind of court
legislation (UK). More commonly, countries mention (Section 4 of PDA). An alternative to formal judicial
private sector whistleblowing in criminal codes or review is the option to go to a third-party forum
sectoral laws (Australia, USA, South Korea). agreed on mutual consent, such as labour
However, much remains to be done to effectively management arbitrations, as provided for by the
protect private sector workers through stronger USA Whistleblower Protection Act.
regulations for companies.

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 RECENT TRENDS IN BEST PRACTICES
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Institutions overseeing retaliation cases with South Korea, the UK and the USA giving the
broadest lists of compensation available. In order to
An independent reviewing body focusing on be effective, the compensation model should be
whistleblower protection cases, especially in extensive enough to include all direct and indirect
countries where the legal framework is fragmented, consequences of the reprisal, including relocation,
is likely to facilitate the effectiveness of the review. attorney fees and other litigation costs (again, see
Moreover, victims of retaliation often have to wait for USA and South Korea laws). The Council of Europe
a long time before the case is decided and have to further mentions the need for “interim relief” pending
pay for legal costs autonomously. Therefore a a full hearing, and appropriate financial
number of countries, as well as or instead of compensation if the effects of the retaliatory
providing for the right to access to court, offer the measures cannot be effectively undone (Council of
opportunity to review whistleblowing cases to a Europe, 2011).
specific, dedicated body. This is the case of the
well-known US Office of Special Counsel (OSC), Employers who have been found to retaliate against
which has proven to be successful since its whistleblowers should be sanctioned appropriately
establishment, in reviewing cases in favour of under the relevant legal regime (Transparency
whistleblowers (see OSC website). These entities International, 2013). Some countries, such as South
should have both the right to investigate Africa, impose criminal penalties against those who
whistleblowers’ complaints on retaliation cases as retaliate against whistleblowers.
well as to seek corrective action from the employer,
as recommended by the Council of Europe in 2010 Other enforcement mechanisms
and implemented in Canada’s PSDPA law.
Although there are doubts on its implementation
Whistleblower laws have often given these status, Japan’s law offers further suggestions on
authorities other relevant responsibilities besides how to enforce whistleblower laws, including a
the review of whistleblowing cases, such as provision that the government reviews its
developing recommendations on how to improve whistleblower protection system every five years
and provide for legal advice (see above). and takes appropriate measures based upon the
review.
The intention to give these agencies the role of
raising public awareness on whistleblowing issues The role of civil society
is clear in the case of the recently established South
Korean anti-corruption commission. This best The encouragement of more citizens to take action
practice is particularly relevant, since informing the is an important objective of the implementation of
public on the importance of whistleblowing in whistleblower protection. Undoubtedly, the role of
fighting corruption and preventing wrongdoing is an civil society is pivotal in pursuing this objective.
effective way to implement whistleblower legislation. NGOs have often had a central part in successfully
promoting the adoption of whistleblowing reforms,
Oversight bodies also play a vital role in granting as seen in the USA, the UK and South Korea.
the right to information on whistleblowing rights, Moreover, they often developed specific
through training and individual advice: as Devine recommendations on how to improve the laws and
and Walden said, “whistleblowers will not be how to effectively enforce them.
protected by any law if they do not know that it
exists” (Devine-Walden, 2012). Best practice showed that governments should find
ways to cooperate with NGOs, journalists and
Remedies and penalties for retaliation similar actors to encourage citizens to blow the
whistle. The advantages of this approach are
Compensation systems are a vital tool to ensure multifold: civil society has a broader and more
that whistleblowers who requested a review of their immediate contact with the wider public; it can help
retaliation cases are given remedy for losses when in overcoming cultural or historical factors that
their case is found to be justified. Most hinder the promotion of whistleblower legislation;
whistleblower laws include mentions of remedies, and it can allay feelings of mistrust towards

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authorities (Transparency International, 2013). becomes aware of acts of corruption. The “Act on
the Protection of Public Interest Whistleblowers”
Some countries provide good examples on how adopted in 2011 complements these provisions by
cooperation between authorities and civil society expressively granting protection to whistleblowers in
can yield good results. For example, TI Serbia the private sector.
made a substantial contribution in working with the
Serbian government to draft a proposed
The Whistleblowing Act further enables workers to
whistleblower law. In other cases, civil society
report to a comprehensive list of authorities,
organisations may participate in awareness-raising
campaigns as well as provide for alternative legal including the National Assembly (although
advice to whistleblowers, as happened in South disclosures to the media are not covered).
Korea after the adoption of the Whistleblowing Act
of 2011, and in the UK with Public Concern at Work. Another important provision brought by South
Transparency International chapters, such as in Korean laws regards the role given to the Anti-
Morocco, Liberia, Ireland and the UK, as well as Corruption and Civil Rights Commission (ACRC). As
through numerous “Advocacy and Legal Advice mentioned earlier, through this body, the law grants
Centres” have played important roles in supporting rewards – as a percentage of the recovered money
and promoting the work of whistleblowers or saved costs – to whistleblowers, thereby
worldwide. effectively encouraging new whistleblowing.

2 EXAMPLES OF GOOD PRACTICE

The ACRC also has a facilitating role in
IN WHISTLEBLOWER
PROTECTION investigating and resolving whistleblower protection
cases. The agency does not investigate cases itself
In the last few years, dozens of countries worldwide but passes them to other relevant bodies, keeping
have expressed the intention to pass, or have an important oversight role. In particular, the ACRC
started parliamentary discussions on passing, new receives investigation findings, makes the relevant
laws regarding whistleblowing. Other countries, decision and, if the retaliation allegations are
such as Australia and the USA, have updated their deemed justified, may order compensatory
laws, making important progress in protecting measures from the responsible persons. The 2008
whistleblowers. Anti-Corruption Act also prohibits and considers a
criminal offence the disclosure of the identity of a
Since 2009, a few countries such as South Korea whistleblower without his or her consent. The law
have adopted new, comprehensive laws dedicated also considers retaliation itself as a criminal offence.
to the protection of whistleblowers. The case of The retaliation is presumed to be a consequence of
Slovenia is mentioned here as an example of the whistleblowing, under the 2011 act, if it took
sector-specific law providing for whistleblower place within two years after it.
protection; the Irish Parliament is currently
discussing the adoption of its Public Disclosures The text of the 2011 whistleblowing act can be
Bill, announced by the government in 2013. This found here.
draft law is particularly protective and deserves
some attention. Slovenia

South Korea Slovenia’s “Integrity and Prevention of Corruption

Act” of 2010 offers whistleblowers a number of
In the last decade, South Korea has passed protection provisions in disclosing corruption cases.
provisions on whistleblowing through its law on anti-
corruption of 2001 and its update in 2008. These The most relevant aspect of the law is that
laws are particularly strong as, similarly to UNCAC whistleblowers may report to the Anti-Corruption
Article 33, they offer protection for “any person” who Commission (KPK) and to other competent

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 RECENT TRENDS IN BEST PRACTICES
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authorities. The KPK analyses disclosure cases

and, if the whistleblowers suffered retaliation, may At present, of the five countries in the Western
ask for compensation from the employer. Although Balkans (Serbia, Bosnia and Herzegovina,
the disclosed protection is limited to corruption acts, Montenegro, Macedonia and Albania) only Albania
in practice the KPK does not reject other cases but has some form of comprehensive legislation in
refers them to a different competent authority. place to protect whistleblowers. A 2006 Albanian
law protects public sector whistleblowers from
The law also protects whistleblowers from retaliation when they report corruption cases,
disclosing their identity and from infringing the laws granting them identity protection and legal
on classified information, if the disclosure is made to “immunity” against administrative, civil or criminal
the KPK or to law enforcement agencies. proceedings, even if the suspicion of the
wrongdoing turns out to be unfounded.
The text of the Slovenian anti-corruption law may be
found here. Montenegro and Macedonia included some
provisions regarding whistleblowing in public bodies
Ireland in their Freedom of Information Acts of 2006.
Macedonia’s freedom of information law provides in
Although it is unclear if or when the “Public particular that “(a)ny responsibility shall be removed
Disclosures Bill” will finally be adopted, the draft law from an employee within the state administration
is worth mentioning since its passing would provide that shall disclose protected information, in case
Ireland with one of the strongest whistleblowing such information be of significance for the
protection laws in the world (Worth, 2013). Drawing disclosure of abuse of power and corruptive
on international standards as well as the UK Public behaviour, as well as for the prevention of serious
Interest Disclosures Act of 1998, the draft law would threats to human health and life and the
provide whistleblowers with strong legal protections environment”.
both in the public and private sectors. It would
enable them to report wrongdoing to a large number Serbia in 2011 passed a law on Business Entities
of entities, internally (to employers) and externally which requires private companies to protect
(to government authorities and Parliament). employees who report to the relevant authorities a
business secret, when the employee is reporting an
A more extended type of wrongdoing would fall illegal act. Although not binding, the Anti-Corruption
under the protected disclosures, including Commission in Serbia published in 2011 a detailed
“oppressive, improperly discriminatory and grossly Rulebook on Protection of Whistleblowers, which
negligent acts or omissions by a public official”. tells citizens how and to which authority they can
report any suspicion of a corruption case. A draft
Whistleblowers would be granted the right to seek law on whistleblower protection is part of the
remedies for retaliation resulting from the government’s new national strategy to combat
disclosure. Finally, the draft law would offer corruption, a joint effort by the anti-corruption
whistleblowers the right to protection of their identity agency, the judiciary and civil society.
and would enable the reporting of acts regarding
confidential data to a third-party independent body. A draft law on whistleblower protection is also being
discussed in Bosnia and Herzegovina.
The text of the Irish Public Disclosures Bill can be
found here. In Kosovo, according to Article 19 of the Law on
Anti-Corruption Agency, public officials must refer to
3 OVERVIEW OF WHISTLEBLOWER the agency when they become aware of corruption
LEGISLATION IN THE WESTERN cases. The agency should take measures to protect
BALKANS the identity of the whistleblower. As of 2011, Kosovo

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 RECENT TRENDS IN BEST PRACTICES
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was also discussing the possibility of developing a provides overviews on the whistleblower protection laws
comprehensive whistleblower law. provided in USA and how to improve them. See NWC’s
website : http://www.whistleblowers.org/index.php.

4 REFERENCES AND Principles and best practices

RECOMMENDED READING
OECD, G20 Action Plan 7: Protection of Whistleblowers –
Assessments on whistleblowing Whistleblower Protection frameworks, Compendium of
legislation best practices and guiding principles for legislation, 2011
(available http://www.g20.org/load/781360580)
M. Worth, Whistleblowing in Europe: Legal protection for
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ments/libe/dv/ti_report_/ti_report_en.pdf on Protecting Whistleblowers, 2013, available at:
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regular updates on the review of the UK PIDA law. http://www.oas.org/juridico/english/draft_model_reporting.
Available at http://www.pcaw.org.uk/law-and-policy pdf

Similarly, the US National Whistleblower Center (NWC) Surveys

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 RECENT TRENDS IN BEST PRACTICES
IN WHISTLEBLOWER PROTECTION LEGISLATION

Public Concern at Work (UK), Whistleblowing: The Inside

Story, 2013, available at:
http://www.pcaw.org.uk/files/Whistleblowing%20-
%20the%20inside%20story%20FINAL.pdf

Wim Vandekerckhove, UK Public Attitudes to

Whistleblowing Survey 2012, 2012, available at:
http://www.academia.edu/2134339/UK_Public_Attitudes_t
o_Whistleblowing_Survey_2012

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